Page:California Inter Pocula.djvu/410

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ing about some oroad-acred pelican, which, had dived into the depths for its possessions, and held them rightfully. He it was who speculated in town lots, staked off farming lands, jumped mining claims, and stole the nest of another rather than build one of his own ; waiting and watching for opportunities to pounce upon the property of others if so be he might escape the law's penalty.

The squatters of Sacramento, affirming that the lands of Sutter belonged to the United States, re- solved, in July 1850, to hold possession of that which they had seized, peaceably if possible, forcibly if neces- sary ; and if the bail of an arrested squatter should be refused simply because the bondsman was not a land- holder under Sutter, all executions issued in consG- quence thereof should be deemed illegal, and the associated squatters should "act accordingly."

A commission was appointed by act of congress, early in 1851, for the purpose of ascertaining and set- tling private land claims in California. It was to consist of three commissioners appointed by the presi- dent, a secretary skilled in the Spanish and English languages, and not to exceed five clerks ; it was to continue for three years, unless sooner terminated by the president. An attorney was to be appointed to attend the meetings of the board, and guard the inter- ests of the United States in the premises. The com- mission mio;ht summon witnesses, and administer oaths; and every person claiming lands in California by virtue of any right or title derived from the Span- ish or Mexican governments, should present the same to the commissioners when sitting as a board, together with such documentary evidence and testimony of witnesses as the claimant relied upon in support of his claim. Appeals from the commission might be made to the United States district court, and thence to the United States supreme court. Three tedious tribu- nals, attended by harassing and expensive litigation, were thus to be undergone before the land-holder was